Ohio Revised Code Search

...If a statute is ambiguous, the court, in determining the intention of the legislature, may consider among other matters: (A) The object sought to be attained; (B) The circumstances under which the statute was enacted; (C) The legislative history; (D) The common law or former statutory provisions, including laws upon the same or similar subjects; (E) The consequences of a particular construction; (F) The adminis...

...If any provision of a section of the Revised Code or the application thereof to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of the section or related sections which can be given effect without the invalid provision or application, and to this end the provisions are severable.

...If a general provision conflicts with a special or local provision, they shall be construed, if possible, so that effect is given to both. If the conflict between the provisions is irreconcilable, the special or local provision prevails as an exception to the general provision, unless the general provision is the later adoption and the manifest intent is that the general provision prevail.

...(A) If statutes enacted at the same or different sessions of the legislature are irreconcilable, the statute latest in date of enactment prevails. (B) If amendments to the same statute are enacted at the same or different sessions of the legislature, one amendment without reference to another, the amendments are to be harmonized, if possible, so that effect may be given to each. If the amendments are substantively i...

...If the language of the enrolled act deposited with the secretary of state, including any code section number designated pursuant to section 103.131 of the Revised Code, conflicts with the language of any subsequent printing or reprinting of the statute, the language and any such designated section number of the enrolled act prevails.

...A statute which is reenacted or amended is intended to be a continuation of the prior statute and not a new enactment, so far as it is the same as the prior statute.

...A reference to any portion of a statute of this state applies to all reenactments or amendments thereof.

...If a statute refers to a series of numbers or letters, the first and the last numbers or letters are included.

...The repeal of a repealing statute does not revive the statute originally repealed nor impair the effect of any saving clause therein.

...(A) The reenactment, amendment, or repeal of a statute does not, except as provided in division (B) of this section: (1) Affect the prior operation of the statute or any prior action taken thereunder; (2) Affect any validation, cure, right, privilege, obligation, or liability previously acquired, accrued, accorded, or incurred thereunder; (3) Affect any violation thereof or penalty, forfeiture, or punishment incur...

...As used in any statute, unless another definition is provided in that statute or a related statute: (A) "Child" includes child by adoption. (B) "Oath" includes affirmation, and "swear" includes affirm. (C) "Person" includes an individual, corporation, business trust, estate, trust, partnership, and association. (D) "Population" means that shown by the most recent regular federal census. (E) "Property" means rea...

...As used in Title I of the Revised Code, "state agency," except as otherwise provided in the title, means every organized body, office, or agency established by the laws of the state for the exercise of any function of state government. "State agency" does not include the nonprofit corporation formed under section 187.01 of the Revised Code.

...If a statute uses the term "fire marshal" it is referring to the state fire marshal.

...As used in any statute except section 303.01 or 519.01 of the Revised Code, "agriculture" includes farming; ranching; aquaculture; algaculture meaning the farming of algae; apiculture and related apicultural activities, production of honey, beeswax, honeycomb, and other related products; horticulture; viticulture, winemaking, and related activities; animal husbandry, including, but not limited to, the care and ...

...As used in the Revised Code, "OSU extension" means the cooperative extension service that was established by the "Smith-Lever Act," 38 Stat. 372 (1914), 7 U.S.C. 341 et seq., and is administered in this state by the Ohio state university.

...As used in the Revised Code, unless the context of a section does not permit the following or unless expressly provided otherwise in a section: (A) References to particular county officers, boards, commissions, and authorities mean, in the case of a county that has adopted a charter under Article X, Ohio Constitution, the officer, board, commission, or authority of that county designated by or pursuant to the...

...(A) The state solely shall regulate the business of originating, granting, servicing, and collecting loans and other forms of credit in the state and the manner in which any such business is conducted, and this regulation shall be in lieu of all other regulation of such activities by any municipal corporation or other political subdivision. (B) Any ordinance, resolution, regulation, or other action by a municipal co...

...section 4723.42 of the Revised Code and rules adopted by the board of nursing. (B) "Certified nurse practitioner" means an advanced practice registered nurse who holds a current, valid license issued under Chapter 4723. of the Revised Code and is designated as a certified nurse practitioner in accordance with section 4723.42 of the Revised Code and rules adopted by the board of nursing. (C) "Clinical nurse speciali...

...(A) As used in the Revised Code, "insurance rating agency" means A.M. Best Rating Services, Inc., Demotech, Inc., or a rating agency certified or approved by a national entity that engages in an approval process that includes all of the following: (1) A requirement for the rating agency to register and provide an annual updated filing; (2) Record retention requirements; (3) Financial reporting requirements; (4)...

...indemnity brought against a residential contractor for damages or the loss of use of real property caused by a construction defect. (C) "Owner" means an owner or a prospective owner of a residential building or a dwelling unit in a residential building who enters into a contract with a residential contractor for the construction or substantial rehabilitation of that residential building or unit. (D) "Residential bu...

...lies only to an owner and a residential contractor who enter into a contract for the construction or the substantial rehabilitation of a residential building.

...f a residential building, a residential contractor shall provide the owner with notice of the contractor's right to offer to resolve any alleged construction defect before the owner may commence a dwelling action or arbitration proceedings against the contractor. The contractor may include the notice in the contract or provide the notice as a separate document delivered at the time the owner signs the contract. The n...

...a dwelling action against a residential contractor unless, at least sixty days before commencing the proceedings or filing the action, the owner provides the contractor with written notice of the construction defect that would be the basis of the arbitration proceedings or the dwelling action. The notice shall be in writing and mailed, sent by telegram, delivered in person, or sent by any means the contractor has ind...

...(A) A residential contractor shall provide the owner with a good faith written response to any notice provided pursuant to section 1312.04 of the Revised Code. The response shall be provided within twenty-one days after the owner mailed the notice, delivered it by personal delivery, or transmitted it by telegram, facsimile, or electronic mail. In the response, the contractor shall offer to take one of the following a...

...(A) If an owner accepts a residential contractor's offer to inspect the residential building, the owner shall notify the contractor of that acceptance within fourteen days. After accepting the offer to inspect, the owner shall allow the contractor reasonable access to the building during normal working hours. The contractor shall inspect the building within fourteen days after the owner accepts the offer. The contrac...

... operations plan; (3) The applicant's security plan; (4) The applicant's financial plan; (5) The applicant's principal place of business; (6) The proposed location of the cultivation, processing, or laboratory facility; (7) The applicant's plan for generating job and economic development in this state; (8) The applicant's environmental plan; (9) Employment practices, including any plans to inform, hire,...

...(A)(1) Notwithstanding section 149.43 of the Revised Code or any other public records law to the contrary or any law relating to the confidentiality of tax return information, upon the request of the division of cannabis control, the department of taxation shall provide to the division all of the following information: (a) Whether an applicant for licensure under this chapter is in compliance with the applicable t...

...(A) As used in this section, "criminal records check" has the same meaning as in section 109.572 of the Revised Code. (B)(1) As part of the application process for a license issued under this chapter, the division of cannabis control shall require each of the following to complete a criminal records check: (a) An administrator or other person responsible for the daily operation of the entity seeking the license...

...(A) Each person seeking employment with a license holder shall comply with sections 4776.01 to 4776.04 of the Revised Code. Except as provided in division (B) of this section, such a license holder shall not employ the person unless the person has submitted a criminal records check under those sections and the report of the resulting criminal records check demonstrates that the person has not been convicted of or ple...

...e following for any reason specified in rules adopted under section 3796.03 of the Revised Code: (1) Suspend, suspend without prior hearing, revoke, or refuse to renew a license or registration it issued under this chapter or Chapter 3780. of the Revised Code, as that chapter existed immediately before the effective date of this amendment ; (2) Refuse to issue a license; (3) Impose on a license holder a civi...

...(A) The division of cannabis control and the Ohio investigative unit shall enforce this chapter, or cause it to be enforced. Subject to division (E) of section 3796.14 of the Revised Code, if the division or the unit has information that this chapter or any rule adopted under this chapter has been violated, it shall investigate the matter and take any action as it considers appropriate. (B) If the division suspend...

...pter. (C) The division may adopt any rules as necessary to implement this section.

...The division of cannabis control shall establish a toll-free telephone line to respond to inquiries from adult-use consumers, medical marijuana patients, caregivers, and health professionals regarding adverse reactions to marijuana and to provide information about available services and assistance. The division may contract with a separate entity to establish and maintain the telephone line on behalf of the division.

...in accordance with this chapter and any rules adopted thereunder before delivering or selling the products to a licensed processor or licensed dispensary. (D) The division of cannabis control shall issue the following types of cultivation licenses: (1) A level I cultivator license that authorizes the license holder to operate a cultivation area specified by the division, not to exceed one hundred thousand square ...

...or labeling requirements established in rules adopted by the division of marijuana control under sections 3796.03 and 3796.32 of the Revised Code.

...na or medical marijuana as specified in rules adopted under section 3796.03 of the Revised Code; (e) Provide delivery of medical marijuana in accordance with the rules adopted under section 3796.03 of the Revised Code; (f) Deliver, transfer, or sell medical marijuana and adult-use marijuana to other license holders. (2) A licensed dispensary engaged in the activities authorized by this chapter shall do so resp...

...duct testing in the manner specified in rules adopted under section 3796.03 of the Revised Code. (B) When testing medical marijuana or adult-use marijuana, a licensed laboratory shall do both of the following: (1) Test for potency, homogeneity, and contamination; (2) Prepare a report of the test results.

...n of medical marijuana, as specified in rules adopted under section 3796.03 of the Revised Code. (B) The amount of medical marijuana possessed by a registered patient shall not exceed a ninety-day supply, as specified in rules adopted under section 3796.03 of the Revised Code. (C) A registered patient shall not be subject to arrest or criminal prosecution for doing either of the following in accordance with thi...

... of adult-use marijuana as specified in rules adopted under section 3796.03 of the Revised Code; (4) Transfer adult-use and homegrown marijuana to another adult-use consumer if all of the following apply: (a) The transfer is without remuneration. (b) The amount transferred to the same adult-use consumer in the same day does not exceed either of the following: (i) Two and one-half ounces of plant material, exc...

...raphernalia or accessories specified in rules adopted under section 3796.03 of the Revised Code. (B) The amount of medical marijuana possessed by a registered caregiver on behalf of a registered patient shall not exceed a ninety-day supply, as specified in rules adopted under section 3796.03 of the Revised Code. If a caregiver provides care to more than one registered patient, the caregiver shall maintain separate...

...(A) The holder of a license, as defined in section 4776.01 of the Revised Code, is not subject to professional disciplinary action solely for engaging in professional or occupational activities related to medical marijuana. (B) Unless there is clear and convincing evidence that a child is unsafe, the use, possession, or administration of medical marijuana in accordance with this chapter shall not be the sole or pri...

...(A) As used in this section: (1) "Financial institution" means any of the following: (a) Any bank, trust company, savings and loan association, savings bank, or credit union or any affiliate, agent, or employee of a bank, trust company, savings and loan association, savings bank, or credit union; (b) Any money transmitter licensed under sections 1315.01 to 1315.18 of the Revised Code or any affiliate, agent,...

... program established in accordance with rules adopted by the administrator under Chapter 4123. of the Revised Code. (B) A person who is discharged from employment because of that person's use of marijuana shall be considered to have been discharged for just cause for purposes of division (D) of section 4141.29 of the Revised Code and shall be ineligible to serve a waiting period or to be paid benefits for the dura...

...(A) Except as otherwise provided in division (B) of this section, the legislative authority of a municipal corporation or a board of township trustees may adopt an ordinance or a resolution, to prohibit, or limit the number of, licensed cultivators, licensed processors, or licensed dispensaries within the municipal corporation or within the unincorporated territory of the township, respectively. (B) The legislative...

...(A) Except as provided in divisions (C) and (D) of this section, no licensed cultivator, licensed processor, licensed dispensary, or licensed laboratory shall be located within five hundred feet of the boundaries of a parcel of real estate having situated on it a school, church, public library, public playground, or public park. (B) If a request for relocation of a facility of a licensed cultivator, licensed proce...

...Except as otherwise authorized in the Revised Code, no political subdivision shall do either of the following: (A) Levy any tax or fee on license holders that is based on the license holder's businesses' gross receipts or that is the same as or similar to any tax or fee imposed by the state; (B) Levy any tax, fee, or charge on license holders or license holders' property that is not generally charged on other b...

... division of cannabis control may adopt rules regulating the advertisement of adult-use marijuana and medical marijuana to prevent advertisements that are false, misleading, targeted to minors, attractive to minors, promote excessive use, promote illegal activity, are obscene or indecent, contain depictions of marijuana use, or promote marijuana as an intoxicant. (B) Any rules the division adopts regulating the adv...

...(A) As used in this section, "equivalent license" means: (1) In the case of an adult-use cultivator, a cultivator license of the same level issued under section 3796.09 of the Revised Code to engage in the activities authorized by section 3796.18 of the Revised Code; (2) In the case of an adult-use processor, a processor license issued under section 3796.09 of the Revised Code to engage in the activities authoriz...

... Ohio's workforce and promote workplace safety and recovery initiatives focused on cannabis and related drug misuse. (D) The division shall oversee and evaluate the effectiveness of the initiatives undertaken pursuant to this section and shall ensure that those initiatives align with the public health and safety objectives of this state. (E) The division shall annually compile a report detailing activities, use o...

...r may prescribe all forms and adopt all rules necessary to administer the tax authorized under this section.